MAYOR DISMISSES CAPE'S PROPOSED TOBACCO ORDINANCE AS OVER-REGULATION

After Mayor Al Spradling III's discourse on too much government regulation, Cape Girardeau city councilmen dismissed a law dealing with teen smoking.

Capt. Stephen Strong, interim police chief, proposed the new law in a memo to the council. He said a municipal ordinance prohibits selling tobacco products to people under age 18, but there is nothing prohibiting minors from possessing such products.

Strong elaborated on his stand at Monday's council study session.

"We are sending a mixed message," he said. "You can't sell it, but you can buy it and smoke it."

With help of other city staff, Strong presented an ordinance patterned after one in St. Louis County. It would have made it illegal for anyone under age 18 to purchase, attempt to purchase, possess or receive any tobacco products.

While Spradling said he doesn't believe minors or anyone else should smoke, enacting the proposed law would amount to too much regulation.

"There is a point that government has to stop doing everything for everybody," he said. "There is a point where society has to take care of itself."

His main objection to the proposal was involvement of police and juvenile authorities in enforcement. Juvenile officers already are overworked, Spradling said, and police time could be better used elsewhere.

The mayor briefly compared the proposal to one made by Councilman Tom Neumeyer, who said citizens have complained to him about political signs placed on city right-of-way.

The complaints moved Neumeyer to request city staff draw up an ordinance on the issue. It would force people to put political signs 10 feet from established roads. Also, the signs couldn't stand for more than 90 days prior to the election and more than seven days after the election.

During the study session, Ward Six Councilman Richard Eggimann said he has the largest ward in the city and hasn't had any complaints about political signs. He has posted campaign signs on city right-of-way himself.

"As a democracy, I think people should have the privilege of putting their signs up," Eggimann said. "People have to mow right-of-way, so why can't they use it?"

Neumeyer said he believed public property is not the place for campaign signs.

In the regular council meeting, Neumeyer voted to table the sign issue until the council's Oct. 7 meeting.

CAPE GIRARDEAU CITY COUNCIL

Monday, Sept. 16, 7:30 p.m.

Public Hearings

A public hearing regarding the city's present ordinance regulating fireworks and whether to ban fireworks, partially ban fireworks or leave the city's ordinance as is.

Water bond presentation.

Appearances

Appearances before the council on items listed on the agenda.

Appearances before the city council on items not listed on the agenda.

City Council

Communications to be presented by members of the City Council

Communications to be presented by the city manager or city staff.

Consent Ordinances

Changed the zoning of a tract on the east side of Interstate 55 by Bloomfield Road and new Highway 74 from C-1 to C-2.

Changed the zoning of 1918 N. Kingshighway from C-2 and R-1 to C-3.

Granted a special use permit extension to Boyd Missouri Inc., Downtown Parking Inc. and J.D. Main for purposes of constructing, maintaining and operating landside support facilities and parking for an excursion riverboat gaming vessel in downtown Cape Girardeau.

Accepted general warranty deeds for the Cape LaCroix Creek/Walker Branch flood control project.

Placed stop signs on South Louisiana Street and Merriwether Street.

Repealed a stop sign on Sena Fawn and enact new stop sign locations on Sena Fawn and Melody Lane.

Established speed limits on Lexington Avenue and North Sprigg Street.

Established prohibited truck traffic.

Established no parking on Lexington Avenue.

Established no parking on North Henderson Street.

Appropriated funds for the Department of Public Works.

Accepted permanent easements and temporary construction easements for Twin Lakes Subdivision sanitary sewer project.

New Ordinances

First readings.

Placed stop signs on North Henderson Street.

Established an Ethics Commission, its membership, terms and duties.

Amended the city code relating to streets and sidewalks.

Accepted into the city's system various street improvements, storm sewers, stormwater improvements, sanitary sewers and water improvements to serve Randol Farms Estates 2nd Addition contingent upon completing certain items.

Accepted into the city's system various street improvements, storm sewers, stormwater improvements, sanitary sewers and water improvements to serve Randol Farms Estates 3rd Addition contingent upon completion of remaining construction punch list items.

Approved the reimbursement of $6,523.57 to Dave Gerlach for the additional cost to pave Kenneth Street in Randol Farms Estates 2nd Addition and Randol Farms Estates 3rd Addition to collector street width.

Approved the record plat of Randol Farms Estates 3rd Addition.

Accepted permanent easements and temporary construction easements for the Twin Lakes Subdivision sanitary sewer project.

Accepted permanent easements and temporary construction easements for the Twin Lakes Subdivision water main extension project.

Tabled a new law relating to political campaign signs.

Resolutions

Authorized the city manager to execute agreements with the Safe House for Women Inc. and the Salvation Army for emergency shelter grant funds from the Missouri Department of Social Services.

Authorized the city manager to execute a water main extension agreement with Ashland Development Corp.

Accepted into the city's system the street, storm sewer and water improvements to serve a portion of Cape West Seventh Subdivision.

Accepted into the city's system the water main extension to serve Kuss Family Fun Park on Commercial Street.

Accepted into the city's system the water main extension to serve the Lutheran Home.

Accepted the correction to the engineer's final report for the 1995-96 street overlay program and authorize the additional sum of $835.20 to be paid to ASA Asphalt.

Allowed annual Knights of Columbus Tootsie Roll drive.

Amended the city's zoning ordinance.

Followed the recommendation of the Planning and Zoning Commission disapproving the request of Mike and Linda Lawrence to rezone 625 N. Spanish St. from R-4, multiple family residential, to C-1, local commercial, or a motion setting a public hearing on the matter.

Discussion regarding a proposed ordinance prohibiting possession of tobacco products by minors.

Granted request for a change in the traffic ordinance dealing with turning requirements.

Update regarding the status of charter amendments.

Adjournment.